BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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          |SENATE RULES COMMITTEE            |                        AB 319|
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                                       CONSENT


          Bill No:  AB 319
          Author:   Campos (D)
          Amended:  6/24/14 in Senate
          Vote:     21

           
           SENATE JUDICIARY COMMITTEE  : 6-0, 6/17/14
          AYES: Jackson, Corbett, Lara, Leno, Monning, Vidak
          NO VOTE RECORDED: Anderson

           ASSEMBLY FLOOR  :  73-0, 1/17/14 (Consent) - See last page for  
            vote


           SUBJECT  :    Local agencies: domestic violence

           SOURCE  :     Author


           DIGEST  :    This bill prohibits a local agency from requiring a  
          landlord to terminate a tenancy or fail to renew a tenancy based  
          upon an act against a tenant or a tenant's household member that  
          constitutes domestic violence, sexual assault, stalking, human  
          trafficking, or abuse of an elder or dependent adult, and  
          prohibits a local agency from requiring a landlord to terminate  
          a tenancy or fail to renew a tenancy based upon the number of  
          calls made by a person to the emergency telephone system  
          relating to these acts.

           ANALYSIS  :    Existing state and federal law prohibits  
          discrimination in housing and employment on the basis of gender  
          and other specified characteristics.

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          Existing law:

          1. Defines the rights and duties of landlords and tenants,  
             including presumptions regarding the terms of the hiring, the  
             lawful means of terminating a lease or rental agreements, and  
             the remedies available to the respective parties in the event  
             of a breach of a lease or rental agreement.

          2. Provides that if a tenant or lessee of real property breaches  
             the lease and abandons the property before the end of the  
             term, the landlord may deem the lease terminated and seek  
             damages, or continue to perform under the lease and seek rent  
             as it becomes due.

          3. Allows a tenant to terminate his/her tenancy if the tenant,  
             or a household member, was the victim of domestic violence,  
             sexual assault, stalking, human trafficking, or dependent  
             adult or elder abuse.  The notice to terminate a tenancy must  
             be in writing, with one of the following attached:  (1) copy  
             of a temporary restraining order, protective order, or  
             emergency protective order, as specified; (2) copy of a  
             written report by a peace officer, as specified; or (3)  
             documentation from a qualified third party based on  
             information received by that third party while acting in  
             his/her professional capacity.

          4. Requires the notice to terminate tenancy to be given within  
             180 days of the date that any order was issued, or within 180  
             days of the date that any written report was made, or the  
             time period otherwise required for termination of tenancy.

          5. Prohibits a landlord from terminating a tenancy or failing to  
             renew a tenancy based upon an act or acts against a tenant or  
             a tenant's household member that constitute domestic  
             violence, sexual assault, stalking, human trafficking, or  
             elder or dependent adult abuse if these acts have been  
             documented by a temporary restraining order, emergency  
             protective order, or a copy of a written report by a peace  
             officer within the past 180 days.

          This bill:

          1. Provides that a local agency shall not require a landlord to  
             terminate a tenancy or fail to renew a tenancy based upon an  

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             act or acts against a tenant or a tenant's household member  
             that constitute domestic violence, sexual assault, stalking,  
             human trafficking, or abuse of an elder or a dependent adult,  
             provided the act or acts have been documented and the  
             tenant's aggressor is not a tenant of the same dwelling unit  
             as the tenant or household member.

          2. Provides that a local agency shall not require a landlord to  
             terminate a tenancy or fail to renew a tenancy based upon the  
             number of calls made by any person to the emergency telephone  
             system relating to the tenant or a member of the tenant's  
             household being a victim of an act or acts that constitute  
             domestic violence, sexual assault, stalking, human  
             trafficking, or abuse of an elder or a dependent adult,  
             provided the act or acts have been documented and the  
             tenant's aggressor is not a tenant of the same dwelling unit  
             as the tenant or household member.

          3. Defines the term "tenant" to mean tenant, subtenant, lessee,  
             or sublessee.

          4. Specifies that all local agencies are subject to the  
             prohibitions of this bill.

           Background
           
          Victims of domestic violence, sexual assault, human trafficking,  
          elder and dependent adult abuse, and stalking face numerous  
          challenges when seeking to regain control of their lives.   
          Depending on the situation, a victim may need to change his/her  
          telephone number, participate in the Safe at Home Program  
          through the Secretary of State, or even move to create a safe  
          environment for themselves and their family.  Victims who rent  
          their homes face additional challenges when attempting to leave  
          a dangerous environment if they are a party to a long-term  
          lease.  Absent a voluntary release from their landlord, victims  
          who are forced to relocate in order to find safety previously  
          could have been subject to liability for breaching their leases.  
           In response to concerns regarding the inability of victims to  
          terminate leases without liability, AB 2052 (Lieu, Chapter 440,  
          Statutes of 2008) authorized a tenant to terminate his/her lease  
          within 60 days of the issuance of a temporary restraining order,  
          emergency protective order, or written report by a peace officer  
          alleging that the tenant, or household member, is a victim of  

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          domestic violence or stalking.  Subsequently, AB 588 (Perez,  
          Chapter 76, Statutes of 2011) increased this time from 60 to 180  
          days.  SB 1403 (Yee, Chapter 516, Statutes of 2012) further  
          extended these protections to victims of elder or dependent  
          adult abuse and included protective orders among the appropriate  
          supporting documentation allowed when victims seek to terminate  
          leases prematurely.

          The Legislature has also recognized that victims of domestic  
          violence, sexual assault, human trafficking, elder and dependent  
          adult abuse, and stalking face additional hurdles in retaining  
          rental housing not borne by the larger pool of California  
          renters.  Some landlords may be reluctant to renew a victim's  
          lease or may seek to terminate a lease out of a concern that a  
          victim's presence could jeopardize the safety of other tenants,  
          or that a victim's need to seek police intervention and  
          protection may disturb other tenants' quiet enjoyment of the  
          property, potentially making it harder for these victims to  
          retain stable rental housing.  In response to this concern, SB  
          782 (Yee, Chapter 626, Statutes of 2010) prohibited landlords  
          from terminating or failing to renew a tenancy based upon a  
          documented act or acts against a tenant or a tenant's household  
          member that is a victim of domestic violence, sexual assault, or  
          stalking, under specified circumstances.  SB 1403 (Yee, Chapter  
          516, Statutes of 2012) extended this protection to victims of  
          elder or dependent adult physical abuse, and SB 612 (Leno,  
          Chapter 130, Statutes of 2013) extended this protection to  
          victims of human trafficking.

          Despite these protections, some victims may still face eviction  
          from their rental housing because of acts related to domestic  
          violence, sexual assault, human trafficking, elder and dependent  
          adult abuse, and stalking.  Some California jurisdictions have  
          reportedly adopted Crime Free Housing ordinances which enable  
          local agencies to compel landlords to evict tenants who engage  
          in certain nuisance activities, including placing repeated calls  
          for help to emergency services.  In other jurisdictions, this  
          has forced victims to choose between calling the police in an  
          emergency or face eviction.  According to the New York Times:

             Over the last 25 years, in a trend still growing, hundreds  
             of cities and towns across the country have adopted  
             nuisance property or "crime-free housing" ordinances.   
             Putting responsibility on landlords to weed out drug  

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             dealers and disruptive tenants, the laws aim to save  
             neighborhoods from blight as well as ease burdens on the  
             police.

             But the laws are sometimes forcing victims, especially  
             women facing domestic violence, to choose between calling  
             the police and holding on to their homes, according to  
             legal aid groups and experts on housing and the poor.   
             (Eckholm, Victims' Dilemma: 911 Calls Can Bring Eviction  
             (Aug. 16, 2013)  
              (as of May 23, 2014).)

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No   Local:  
           No

           SUPPORT  :   (Verified  6/24/14)

          American Academy of Pediatrics, California
          American Civil Liberties Union of California
          California Partnership to End Domestic Violence
          California Rural Legal Assistance Foundation
          City of Los Angeles
          Coalition of California Welfare Rights Organizations, Inc.
          Housing California
          National Association of Social Workers, California Chapter
          National Housing Law Project
          Western Center on Law and Poverty

           ARGUMENTS IN SUPPORT  :    The author writes:

             Many local governments have adopted so called nuisance  
             ordinances or crime-free policies as a means of  
             controlling problem residents engaged in drug activity,  
             violent crime, etc.  In addition, these ordinances  
             sometimes limit 911 calls from certain residences and  
             establish a means for law enforcement and/or landlords to  
             evict such tenants.  

             While these ordinances can serve very legitimate needs,  
             sometimes they extend too far.  Domestic violence is  
             considered a violent crime and hence victims can be  
             subject to the penalty provisions of these ordinances.   
             The provisions limiting 911 calls can force victims and  

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             survivors of crimes such as domestic violence, stalking,  
             etc. from choosing between their safety (i.e. reporting  
             crimes) or their home (i.e. facing possible eviction).

             AB 319 provides victims of domestic violence, sexual  
             assault, stalking, human trafficking, and elder abuse with  
             safeguards that reporting threats will not lead to  
             eviction. 


           ASSEMBLY FLOOR  :  73-0, 1/17/14
          AYES:  Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom,  
            Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian  
            Calderon, Campos, Chau, Chávez, Chesbro, Dababneh, Dahle,  
            Daly, Dickinson, Donnelly, Eggman, Fong, Fox, Frazier, Beth  
            Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon, Gorell, Gray,  
            Grove, Hagman, Harkey, Roger Hernández, Holden, Jones,  
            Jones-Sawyer, Levine, Linder, Lowenthal, Maienschein, Mansoor,  
            Medina, Melendez, Morrell, Mullin, Muratsuchi, Nestande,  
            Olsen, Patterson, Perea, Quirk, Quirk-Silva, Rendon,  
            Ridley-Thomas, Rodriguez, Salas, Skinner, Stone, Ting, Wagner,  
            Waldron, Weber, Wieckowski, Wilk, Williams, Yamada, John A.  
            Pérez
          NO VOTE RECORDED:  Conway, Cooley, Hall, Logue, Nazarian, Pan,  
            V. Manuel Pérez

          AL:d  6/24/14   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

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